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People v. De Jesus

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1985
114 A.D.2d 908 (N.Y. App. Div. 1985)

Opinion

November 12, 1985

Appeal from the Supreme Court, Kings County (Lane, J.).


Judgment affirmed.

As defendant correctly concedes, he has failed to preserve for appellate review his challenge to the plea allocution (see, People v Claudio, 64 N.Y.2d 858). To preserve such a claim for appellate review on a direct appeal from a judgment of conviction, a defendant must move to set aside his plea prior to imposition of sentence, pursuant to CPL 220.60 (3).

In the absence of unusual circumstances, not here present, we see no reason to exercise our authority to review an unpreserved claim in the interest of justice. As to defendant's challenge to his sentences, he has received the minimum legally permissible sentences with respect to the three felony counts (see, Penal Law § 70.06 [b]; [4] [b]) and there is no reason to disturb the concurrent sentences imposed with respect to the two misdemeanor counts. Mollen, P.J., Lazer, Weinstein and Rubin, JJ., concur.


Summaries of

People v. De Jesus

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1985
114 A.D.2d 908 (N.Y. App. Div. 1985)
Case details for

People v. De Jesus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN DE JESUS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 12, 1985

Citations

114 A.D.2d 908 (N.Y. App. Div. 1985)